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2019 Supreme(Raj) 2961

MOHAMMAD RAFIQ, NARENDRA SINGH DHADDHA
Kuldeep Singh Shekhawat – Appellant
Versus
Deeraj Kanwar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Akhil Simlote
For the Respondent: Shrawan Kumar Sharma

JUDGMENT :

Mohammad Rafiq, J.

1. This appeal has been filed by the appellant-husband challenging order dated 20.07.2019 passed by the Family Court No. 1, Jaipur (for short 'the Family Court'), which thereby refused to register the application filed by the appellant under Section 13B of the Hindu Marriage Act, 1955 (for short 'the Act') for obtaining a decree of divorce by mutual consent on the ground that the same has been filed before expiry of one year from the date of separation.

2. Mr. Akhil Simlote, learned counsel for the appellant submitted that marriage of the appellant and the respondent was solemnized on 08.02.2019 at Village Jyaani, Tehsil Jayal, District Nagaur, Jaipur. No child is born out of their wedlock. The appellant-husband and the respondent-wife filed an application under Section 13B of the Act before the Family Court stating therein that after marriage differences arose between them and it is not possible for the parties to live together. However, the Family Court vide impugned order dated 20.07.2019 has refused to entertain/register that application on the ground that the same has been filed before expiry of period of one year from the date of separation.

3. When

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